78R7427 PB-D

By:  Stick                                                        H.B. No. 2406



A BILL TO BE ENTITLED

AN ACT

relating to computation of certain legal fees in workers' 
compensation benefit matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 408.221, Labor Code, is amended by 
amending Subsection (f) and adding Subsection (j) to read as 
follows:
	(f)  Subject to Subsection (j), the [The] commission by rule 
shall provide guidelines for maximum attorney's fees for specific 
services in accordance with this section.
	(j)  The maximum hourly rate for an attorney's fee subject to 
this section is 35 percent of the state average weekly wage.  The 
maximum hourly rate for a legal assistant's fee subject to this 
section is 12 percent of the state average weekly wage.  For 
purposes of this subsection, "state average weekly wage" means the 
wage computed under Section 408.047.
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to legal fees based on a claim for workers' 
compensation benefits resulting from a compensable injury that 
occurs on or after that date.  Fees based on a claim resulting from  
a compensable injury that occurs before that date are governed by 
the law in effect on the date the compensable injury occurred, and 
the former law is continued in effect for that purpose.